§ 5.88.040. Inspection.

It shall be the duty of the Health Officer of said County, or such other person as the Board of Supervisors may designate therefor, at such time or times as the said Board, or the President thereof, may direct, or such Health Officer or person shall deem it necessary or proper to visit any such smelter and the Premises on which it is situated and examine the same and exercise the rights and perform the acts provided in Section 5.88.050 hereof. He shall, when he deems it necessary or proper, or when so directed thereto by said Board, or its President, take samples of the air, smoke, gases and fumes discharged or issuing from such smelter into the free atmosphere and shall have the same analyzed to ascertain whether they exceed in content the maximum of oxides of sulphur permitted to be discharged, as hereinbefore provided, and whether such air, smoke, gases and fumes contain dangerous or injurious quantities of arsenic, flue dust or other noxious substances, and as nearly practicable the amount thereof per cubic foot, and shall report to the Board of Supervisors the result of his examination and analysis; and said Board may thereupon, if it deems it necessary or proper, direct the District Attorney of said County to file a proper charge and complaint against, and prosecute, any person who, in its judgment, has willfully violated this chapter; but prosecutions for violation of any provision of this chapter may be instituted, had and maintained without any order of said Board therefor. And nothing herein contained shall justify or permit the maintenance of a nuisance of any character or deprive any one of his action at law or in equity for the abatement thereof, or for damages arising therefrom, or for any proper relief or judgment.

(Prior code § 5590.4; Ord. 219, 01/20/1908; Ord. 3308, 03/12/91)